[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-16-1988 by Res. No. 61-1988]
[1]
Editor's Note: Pursuant to L.L. No. 16-1995, adopted 12-5-1995,
the County Drainage Agency has been transferred to and become a division of
the County Highway Department. Said local law is on file in the office of
the Clerk to the Legislature.
The County Drainage Agency shall be comprised solely of the County Superintendent
of Highways.
For the purposes of Chapter 846 of the Laws of 1975,[1] the County Superintendent of Highways shall be and act as the
Chairman of the Rockland County Drainage Agency.
[1]
Editor's Note: Chapter 846 of the Laws of 1975 is the Rockland
County Stream Control Act.
The County Superintendent of Highways shall exercise all power and duties
of the Chairman of the Rockland County Drainage Agency and the County Drainage
Agency, as provided in Resolution No. 53 of 1964,[1] or any subsequent legislative resolutions, and the Stream Control
Act of Rockland County, as set forth in Chapter 846 of Laws of 1975, as they
may be amended from time to time, or in in other law(s), and shall be the
appointing authority for such agency, and he shall perform such other and
related duties required by the County Executive.
[1]
Editor's Note: Resolution No. 530 of 1964, which originally established
the County Drainage Agency, is on file in the office of the Clerk to the Legislature.
There shall be a Drainage Board consisting of five members appointed
by the County Executive based upon recommendation by the Supervisors, one
from each Town, subject to confirmation by the Legislature. The County Drainage
Board shall advise the County Superintendent of Highways, the County Executive
and the Legislature in matters relating to drainage, and it shall perform
and exercise such other and related duties required by the County Superintendent
of Highways and the County Executive. The Commissioner of Planning or his
designee shall serve as an ex officio voting member of the Board.
[Adopted 4-4-2000 by L.L. No. 7-2000[1]]
[1]
Editor's Note: Res. No. 281-2000, adopted 5-17-2000, overrode
the County Executive's disapproval of this local law.
A.
Legislative findings and intent.
(1)
Tropical storm Floyd caused major damage to Rockland
County's stream system and to numerous homeowners and property owners
along or near the County's streams.
(2)
Legislature is appropriating $5,600,000 to maintain and
repair the County's stream system, and an additional $5,000,000 has been
placed in the 2000 Rockland County capital budget to further implement stream
maintenance following tropical storm Floyd.
(3)
The Legislature believes that a proper system of planning
and regular maintenance is essential to prevent flooding and other damage
to the stream system and to preserve the Rockland County stream system and
to avoid millions of dollars in future drainage repair costs of the County
stream system.
B.
PROPERTY OWNER
COUNTY STREAM
CHANNEL LINES
PERSONS
NEIGHBORHOOD
CONSTRUCTION
REGULAR MAINTENANCE
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Those persons having title to real property in or contiguous to the
channel lines of any Rockland County stream.
Those watercourses and/or streams identified on the Rockland County
Official Map.
The one hundred-year frequency line as indicated from the studies
and investigation by the Chairman of the Drainage Agency. If no such study
has been completed, the channel line shall be 100 feet in distance or three
feet in elevation, whichever is greater, from the normal high water line as
evidenced by vegetation undisturbed by flowing water.
Any individual, firm, copartnership, association or corporation other
than the state and municipal government bodies.
The community of owners and residents having improved and unimproved
real property either in or adjacent to the channel lines of official County
streams.
Maintenance projects that incorporate the use of heavy equipment
and the construction, rehabilitation or demolition of embankments, retaining
walls or other capital projects.
Any work project except construction projects, that is periodically
required to maintain or improve County streams, including but not limited
to such items as removal of debris, fallen trees, minor rehabilitation of
retaining walls and County stream embankments.
C.
Implementation. The Rockland County Drainage Agency and
its staff are to undertake the following stream maintenance program along
Rockland County's County streams:
(1)
There shall be regularly scheduled on-site maintenance
reviews two times a year, in the spring and fall, the spring review to be
done in the months of April and May and the fall review to be done in the
months of September and October. Notice of the County intention to inspect
the County stream and channel lines, by registered first-class mail, shall
be given to property owners at least seven days prior to inspection.
(2)
The inspection shall determine if the streams are still
within their bounds, if there is any unusual erosion, if there are any trees
or garbage in the streams that have to be cleaned out, or if there is any
ponding, which would cause mosquito infestation, or any other unusual item
which would cause pollution, health hazard or damage or danger.
(3)
After each stream is inspected, a report should be rendered
in reference to this section, a copy of which shall be sent to the Clerk of
the Rockland County Legislature and the County Executive of Rockland County,
and any work that is required to be done should be scheduled to be done. If
it is regular maintenance, the work shall be completed within 30 days, and
if it entails construction, it should be placed on a construction schedule
to be done as soon as possible so as to avoid any additional damage or problems.
(4)
The inspection shall, if possible, be coordinated with
the Department of Health and its control of mosquito infestation.
(5)
An inspection shall be done of the entire system, as
inventoried, and records kept after every rainfall above two inches, to assess
any damages that the heavy rainfall may have caused. A written report should
be rendered in reference to this section, a copy of which shall be sent to
the Clerk of the Rockland County Legislature and the County Executive of Rockland
County.
(6)
The Drainage Agency may develop a system of possible
services by volunteers to monitor the streams on a more frequent basis.
(7)
The Drainage Agency shall conduct an education program
in each neighborhood, done by letter or even neighborhood meetings, so as
to alert people as to what to report to Drainage Agency personnel.
